Hardin also said baseball investigator George Mitchell and a congressional panel that examined the use of performance enhancing drugs are refusing to turn over material as evidence for the criminal case. He said the Mitchell team was claiming attorney-client and attorney work-product privileges and the committee was arguing that turning the material over would violate the separation of powers between the legislative and judicial branches. Hardin indicated he will request a subpoena for the contested material.
Clemens did not comment, but sat taking notes during the half-hour hearing.
Clemens pleaded not guilty on Aug. 30 and has long fought any suggestion that he cheated during a 23-season career that ended with 354 wins, 4,672 strikeouts and seven Cy Young awards.
If convicted of six counts -- three of making false statements, two of perjury and one of obstruction of Congress -- Clemens could face up to 30 years in prison and a $1.5 million fine, although 15 to 21 months is the more likely sentence under federal guidelines.
The charges stem from testimony he gave to Congress in 2008. He went before a House committee to clear his name after becoming a prominent figure in the Mitchell Report, which came out a year earlier with an unflinching account of baseball's drug crisis.
Back then, Clemens testified: "Let me be clear. I have never taken steroids or HGH."
Clemens' former trainer Brian McNamee said the pitcher did use steroids and HGH. Former teammate Andy Pettitte also told congressional investigators that Clemens told him he had used HGH -- a conversation Clemens said Pettitte "misremembers."
Clemens was originally scheduled to go on trial in April. Hardin requested the trial be moved to September, saying they need to review statements from somewhere between 80 and 90 law enforcement officials who have written about the case.
"We're reviewing the materials of a 2 1/2-year investigation," Hardin said.
Prosecutor Steve Durham said he didn't object to a delay, but requested that it only be until June. He said the bulk of evidence has already been turned over to the defense team, with "a few items going out the door in the next day or two." Hardin agreed that prosecutors had been "very forthcoming."
U.S. District Judge Reggie Walton told the Clemens team the best he could do was to begin jury selection on July 6 because of other matters on his schedule.